State v. Santos Lee Hernandez, 2017AP62-CR, 7/11/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Hernandez filed a postconviction motion arguing that he pled guilty to lewd and lascivious behavior while he was drunk–so drunk that he incorrectly told the court that he had not consumed alcohol within the previous 24 hours… Read more
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State v. A.S.F., 2016AP2076, and State v. V.C., Jr., 2016AP2077, both District 1, 7/11/17 (one-judge decisions ineligible for publication); case activity: A.S.F.; V.C. In this pair of decisions addressing the termination of the parental rights of both parents of J.T.C., the court of appeals rejects the parents’ claim that it was error to allow J.T.C.’s adoptive… Read more
State v. K.P., 2017AP612 & 613, 7/11/2017 (one-judge decision, ineligible for publication); case activity K.P. appeals the termination of his parental rights to his two children. He argues that the circuit court erred in striking his contest posture and finding him unfit after he failed to show up for the scheduled jury trial on his… Read more
Mike Tobin guest posts on State v. Lewis O. Floyd, Jr., 2017 WI 78, 7/7/17, affirming a published court of appeals opinion, 371 Wis. 2d 404; case activity (including briefs) The majority opinion affirms the rulings of the lower courts that the defendant voluntarily consented to a frisk of his person following a traffic stop. The… Read more
SCOW fractures over implied consent law; 3 justices say it doesn’t authorize warrantless blood draws
State v. Navdeep S. Brar, 2017 WI 73, 7/6/17, affirming an unpublished court of appeals opinion, 2015AP1261-CR; case activity (including briefs) By obtaining a driver’s license or operating a vehicle in Wisconsin do we automatically give the government consent to draw our blood without a warrant? A nose count reveals the answer remains “maybe.” This… Read more
State v. Kenneth M. Asboth, Jr., 2017 WI 76, 7/6/2017, affirming an unpublished court of appeals decision; case activity (including briefs) This case presented an issue that has divided federal and state appellate courts: does Colorado v. Bertine, 479 U.S. 367 (1987), permit “community caretaker”-type vehicle impoundments only when the police act accord to “standard… Read more
State v. Ernesto E. Lazo Villamil, 2017 WI 74, 7/6/17, affirming a published court of appeals decision; case activity (including briefs) A few years ago the legislature set out to create a graduated penalty scheme for operating after revocation offenses, but it bungled the job and ended up creating misdemeanor and felony penalties for the offense… Read more
State v. Jesse Steven Poehlman, 2016AP1074, 7/5/17, District 1 (not recommended for publication); case activity (including briefs) The state charged Poehlman with various counts relating to two alleged incidents of sexual assault and battery of his wife–one in December 2014 and one in February 2015. The jury acquitted as to the earlier incident and convicted… Read more
